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Sotos LLP

On June 26, 2012, the Ontario Court of Appeal released three decisions in connection with unpaid overtime class actions.

Fresco v. Canadian Imperial Bank of Commerce is a class action brought on behalf of current and former non-management, non-unionized employees of CIBC in Canada who are or were tellers or other front-line customer service employees working at CIBC retail branch office across Canada. The lawsuit alleges that class members are assigned heavier workloads than can be completed within their standard working hours. They are required or permitted to work overtime to meet the demands of their jobs and CIBC fails to pay for the overtime work in direct contravention of the Canada Labour Code under which they are regulated.

The Superior Court of Justice refused to certify the CIBC class action. The representative plaintiff appealed that decision to the Divisional Court, but the appeal was dismissed. The plaintiff then appealed to the Court of Appeal.

Fulawka v. The Bank of Nova Scotia is a class action brought on behalf of current and former non-management, non-unionized employees of Scotiabank who are or were personal bankers or other front-line customer service employees working at Scotiabank retail branch offices across Canada. The lawsuit alleges that class members are assigned heavier workloads than can be completed within their standard working hours and that they are required or permitted to work overtime to meet the demands of their jobs and Scotiabank fails to pay for the overtime work in direct contravention of the Canada Labour Code under which they are regulated.

The Scotiabank class action was certified by the Superior Court of Justice. Scotiabank appealed the certification decision to the Divisonal Court, but that appeal was dismissed. Scotiabank then appealed to the Ontario Court of Appeal.